7.757 — SLOW DOWN AND MOVE OVER

Violations of "Statute 7.757" results in an Infraction and a fine of $430

(a) Definitions

The Slow Down and Move Over refers to the legal requirement for drivers to reduce their speed and change lanes (when possible and safe) to provide a safe space for emergency vehicles, tow trucks, and roadside workers who are stopped on or near the roadway. This law is designed to protect personnel working on the road, including law enforcement, fire fighters, emergency medical personnel, and roadside workers.

(b) Elements

To establish the offense of violating the Slow Down and Move Over Law, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a motor vehicle on a roadway or highway.
The defendant encountered a stationary emergency vehicle, tow truck, or roadside worker with flashing lights, lights activated for an emergency, or indicators of roadside work.
The defendant failed to slow down or move over when it was possible and safe to do so.

(c) Defenses

Defenses against a charge of violating the Slow Down and Move Over Law may include:

The defendant was unable to move over or slow down due to traffic congestion, lack of safe lane changes, or road conditions that made it impossible to do so.
The emergency vehicle or roadside worker was not visible or did not have its flashing lights activated, making the defendant unaware of the need to slow down or move over.
The defendant slowed down or attempted to move over but could not do so due to sudden or unavoidable circumstances, such as heavy traffic or a lack of space on the roadway.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant’s failure to comply with the law directly resulted in a near miss, injury, or collision with a roadside worker, emergency vehicle, or other personnel.
The defendant has a history of traffic violations or repeated failure to comply with similar laws protecting roadside workers.
The defendant's failure to comply led to significant harm, injury, or death of a roadside worker, emergency responder, or other personnel engaged in roadside work.

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Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of violating the Slow Down and Move Over Law, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a motor vehicle on a roadway or highway.

The defendant encountered a stationary emergency vehicle, tow truck, or roadside worker with flashing lights, lights activated for an emergency, or indicators of roadside work.

The defendant failed to slow down or move over when it was possible and safe to do so.

Defenses against a charge of violating the Slow Down and Move Over Law may include:

The defendant was unable to move over or slow down due to traffic congestion, lack of safe lane changes, or road conditions that made it impossible to do so.

The emergency vehicle or roadside worker was not visible or did not have its flashing lights activated, making the defendant unaware of the need to slow down or move over.

The defendant slowed down or attempted to move over but could not do so due to sudden or unavoidable circumstances, such as heavy traffic or a lack of space on the roadway.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant’s failure to comply with the law directly resulted in a near miss, injury, or collision with a roadside worker, emergency vehicle, or other personnel.

The defendant has a history of traffic violations or repeated failure to comply with similar laws protecting roadside workers.

The defendant's failure to comply led to significant harm, injury, or death of a roadside worker, emergency responder, or other personnel engaged in roadside work.